Housing By Vogue v. Hendon

Appellants challenge the deputy’s order modifying a previous compensation order based on mistake of fact. The deputy found that claimant now had epileptic seizures which were a result of the previous industrial accident. He, therefore, found that claimant was temporarily and totally disabled since the date of the accident. This finding was based upon the testimony of Dr. Cauthen.

Appellants argue that since testimony as to claimant’s epileptic condition was in the *885record of the first hearing, when claimant was found to have no permanent head injury, a finding of mistake of fact was erroneous.…